Bonum Certa Men Certa

Why Paul Allen (Interval Patent Troll) Targets Companies That Do Not Cross-license With (or Pay) Microsoft

Longbow targets



Summary: A patchy pattern is spotted by Techrights -- a pattern wherein companies that are trolled for big cash by Microsoft's co-founder are actually not paying Microsoft for patents

PAUL ALLEN'S case against (almost) the whole industry is an important subject which we will watch closely. Allen is not alone among Microsoft executives who become well-funded patent trolls. Other examples include Nathan Myhrvold and Bill Gates.



Allen's professional transformation into a patent troll has already produced at least one cartoon. "Paul Allen will not be able to attack Microsoft or anyone else with agreements due to his prior contracts with Microsoft so it's basically off limits," explained to us Oiaohm last night (morning time in Australia where he lives).

"[W]hile this is perhaps true," argued FurnaceBoy from Canada, "it should not head off some examination of the incestuous intertwined strategies here."

FurnaceBoy then spells out three letters: "S. C. O."

This is a discussion that came about since one of our readers posted the following comment yesterday, pointing out that (almost) none of the companies which Allen sued cross-licenses with Microsoft and they are all US-based, i.e. susceptible to software patents. The commenter says:

“Paul Allen will not be able to attack Microsoft or anyone else with agreements due to his prior contracts with Microsoft so it's basically off limits”
      --Oiaohm
"IBM have a deal, and it is not sued by Allen. Oracle has a deal because Sun had. Samsung has Microsoft deal.... HP too (they are even managed by Microsofties). VMware is managed by Microsofties, but I don't think it has a patent deal, Red Hat is protected by the OIN and probably Allen don't have a patent that might hit them. Canonical too, and it is too small fish... and Canonical helps Microsoft with Mono.

"HTC has Microsoft deal....

"I think there is some other common denominator we are missing. He didn't sue exactly every Microsoft competitor that is not paying privilege to Microsoft. What else those companies have in common? Maybe the fact they are all into Cloud Computing. Maybe they all use FOSS in some part of their infrastructure, or they depend on Microsoft and still use some competing technology."

Based on another new post from a pro-Linux site ("Apple and open source forced to team up"):

Microsoft is in violation of these patents just the same as the companies that Paul Allen is suing. Interestingly he has not chosen to sue the company that he helped to build. Most of his targets are companies that use open source technology with Apple being one of the few exceptions.


Speaking of Apple, it carries on suing Linux and patenting more and more things (this time stack circuits [1, 2]).

Steven J. Vaughan-Nichols (SJVN) asks, "What does Paul Allen think he's doing!? Besides keeping patent lawyers employed & trying to make a few more billions?"

David Postman, a spokesman for Allen, said that Interval Research was a "groundbreaking contributor" to the development of the commercial Internet and that the patents are fundamental to the ways leading e-commerce and search companies continue to operate." I say this is nonsense.

I am not a lawyer, but I have used the Web almost since day one and I was using the Internet for more than a decade before the Web ever showed up. I've read these patents and they all scream prior art to me.

I think the patents that Oracle is using against Google are weak, but with our fouled up patent legal system in the U.S. they may hold up. I can't imagine Allen's patents holding up.

That aside, I don't understand why Allen is launching these patent attacks.

[...]

But, as to what Allen is doing ... I don't have a clue. Again, he has more riches than many countries. Microsoft surely didn't want him to do it.

I think Microsoft will be the ones closest to him to suffer. If I were a multi-billion-dollar company, I'd be tempted to use my own patent arsenal on the source of Allen's wealth: Microsoft. Surely he doesn't want that. No one in big business, except patent trolls, would.


TechDirt believes (or thinks out loud) that "Paul Allen's Patent Madness [May Be] Really An Attempt To Show The Madness Of Patents" and "[o]ne of the Allen patent has 129 claims," points out Jan Wildeboer (Red Hat), who shows this software patent. The abstract starts as follows:

The invention facilitates and enhances review of a body of information (that can be represented by a set of audio data, video data, text data or some combination of the three), enabling the body of information to be quickly reviewed to obtain an overview of the content of the body of information and allowing flexibility in the manner in which the body of information is reviewed.


Microsoft Florian, a .NET developer and defender of Microsoft's patent aggression, has been confronting Wildeboer over at Twitter. "He [Florian] supports patent Microsoft patent troll on his blog, that is smoking gun," writes gnufreex. Anyway, here is the exchange from Twitter:

[16:33] [Notice] -TRT to #techrights- [jwildeboer] Once we fought side by side against #swpat, but now it seems Florian has moved to the dark side. http://is.gd/eLFzN

[16:33] [Notice] -TRT to #techrights- [fosspatents [Microsoft Florian]] @jwildeboer No dark side. Those defendants want same patent system as plaintiff, and it's important to interpret eBay vs. MercExchange.

[16:33] [Notice] -TRT to #techrights- [jwildeboer] @FOSSpatents Allen has enough money already, your arument he is looking for "recognition" iis #fail. Why didn't he sue MSFT?

[16:33] [Notice] -TRT to #techrights- [fosspatents] @jwildeboer I connected recognition to not wanting to be called a troll. Re. Microsoft, I don't know. Maybe they did a license deal?

Separately, Wildeboer shows that Patent WatchTroll, a patent lawyer and thus an aggressive proponent of software patents, validates Paul Allen's status as a patent troll. Patent WatchTroll says that "it seems to me that Mr. Allen is attempting to enter the deep, dark world of patent trolls" and "[i]f I were one of the defendants I would file a motion to dismiss for failure to state a claim" (the full post can be found here). It also says: [via Wildeboer]

[C]olor me cynical about Interval Research’s decision to sue all major tech players other than Microsoft, the company that Allen co-founded with Gates.


When even a patent lawyer who is strongly for software patents calls Allen a "patent troll" (or refers to him as such), then who could possibly dispute this other than peripheral Microsoft PR bots such as Ed Bought [sic]?

Comments

Recent Techrights' Posts

EPO Workers Point Out that the EPO is Destroying the Planet Under the Guise of "Hey Hi" (It Also Grants Many Invalid Patents Illegally
On 12 March and 16 June 2025, staff representation met with the administration in the Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in Munich
How the European Union (EU) Fell Out of Love With Free/Libre Software
Lots of bribery
Certificate Authority Let's Encrypt Has Almost Gone Down to Zero, Nearly Totally Extinct in Geminispace, the Few Capsules Still Using It Are Spam/Dead/Stagnant
This represents another decrease for Let's Encrypt; the last decrease was last week
Trying to Silence Techrights Was a Huge Mistake
Peter Thiel attacked a publisher for asserting, correctly, that he was gay. Now everyone knows it.
 
Gemini Links 08/09/2025: Socialist Computer Museum and GAFAM/ByteDance/TikTok-Dominated Net
Links for the day
Links 08/09/2025: Tim Crook Disappoints Apple Faithfuls and Zuckerberg Lies (Financial Fraud) for Cheeto King
Links for the day
Turn Off Microsoft's Restricted Boot ("Secure Boot")
We're still running a series on this issue
Social Control Media Sites Have Become Bot Farms (Not Limited to LLMs and Automation)
linkedin.com was nothing but trouble and losses for Microsoft
Deep in Debt With the Magnitude of Losses Quickly Growing, Microsoft "Open" "Hey Hi" Now Uses Broadcom for Vapourware, Pretending It'll Do OK Next Year
At some stage it'll collapse
You Can Tell Microsoft is in Trouble When Its Own Fans and Staff Blast it
"Microsoft sinks billions into chasing artificial intelligence fads to hype up its share price."
Multiple Undersea Cable Cuts and We're Still OK
Microsoft customers experience problems
Lawyers Who Think They Are Online Assassins Don't Deserve a Licence to Operate
they've become a laughing stock in their "sector"
Microsoft Windows Fell to 3.9% "Market Share" in Bahamas
Based on statCounter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 07, 2025
IRC logs for Sunday, September 07, 2025
Gemini Links 07/09/2025: Scanner, Slop, and Chadobear
Links for the day
The UEFI 9/11 is 3 Days Away
Nobody denies that bad things will happen
Google Versus Journalism
Google played a big role in the demise of news sites
Gemini Links 07/09/2025: Advertising, Decentralized Archival, and Outsourcing to Bezos
Links for the day
Not Much Left in News Cycles
To be very clear, this does not describe "Linux" anything; it's true in just about every facet of news, except the paid-for fake "journalism" about "hey hi" (sites getting paid explicitly to maintain or rekindle hype)
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
The UEFI 9/11 - Part VIII - Denial of Service and Selling Us WSL (Windows) Instead of "Risky" (Prone by Breakage by Microsoft) GNU/Linux
Restricted Boot (so-called 'SecureBoot') does not improve security. It is nothing but trouble. It's meant to trouble non-Windows users. In dual-boot setups, SecureBoot is a recipe for disaster because Microsoft keeps erasing or tampering with the boot sector, to paraphrase an associate
Slop is Extremely Rare in Geminispace, Slop Images Are Unheard Of (Despite Images Being Supported)
As long as Geminispace grows in terms of domains it's safe to predict the protocol will still be used in 2029 and hence Geminispace will turn 10
Links 07/09/2025: Robodebt Class Action, Fines, and Copyright Settlement
Links for the day
Links 07/09/2025: Yle Impersonated in Social Control Media, Boat-Attacking Orcas, Midjourney Sued Again
Links for the day
Slopwatch: LinuxSecurity, Linux Journal, and the Serial Slopper
Google won't tackle the issue because Google participates not only in relaying slop but also in generating lots of it
Links 07/09/2025: Google Fines in EU and "Your Internet Access Is at Risk"
Links for the day
Gemini Links 07/09/2025: Little Brother and Corporate Theatre
Links for the day
Links 07/09/2025: More Harms of Slop and Anthropic's Nightmare Scenario (Huge Legal Liabilities for Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 06, 2025
IRC logs for Saturday, September 06, 2025
Microsoft Sites Now Talking About September's Mass Layoffs at Microsoft
It's noteworthy that even Microsoft's MSN now covers the latest revelations about mass layoffs
Gemini Links 06/09/2025: SpellBinding Moving and "The Cloud" Ridiculed
Links for the day
Slopwatch: On "the Apology Industry", Chatbots (Punchbag for Customers), and Fake Articles About "Linux"
"news reporting priorities changed"
Links 06/09/2025: "Covid Incidence on the Rise" and Many Attacks on the Press Worldwide
Links for the day
The Register Bill
The Register MS - putting the "MS" in your centre of the universe
Analogies for "Memory Safety" in Rust
Don't worry, it's Rust! It can do anything!
Nobody Denies That SecureBoot Will Cause Problems After September 11
Not even Microsoft
Gemini Links 06/09/2025: Infinite Scrolling and Posting from Emacs
Links for the day
Links 06/09/2025: GitHub Meltdown Over Slop, "U.S. Jury Says Google Should Pay $425 Million in Privacy Lawsuit"
Links for the day
Despite Its Severe Financial Problems Gnome Foundation Inc Paid Rosanna Yuen Over 100,000 Dollars Last Year
maybe relocation should be considered
The "Left" and the Right"
It poisons everything
Mozilla and Rust Are Not Leftists
they're part of the mass consumerism machine
Disposable to Microsoft
There is an extensive set of people who got used by Microsoft, only to be thrown away a month later or a year later or a decade later
The UEFI 9/11 - Part VII - This Coming Week Many PCs Will Refuse to Boot "Linux" (Because of Microsoft's Expired Certificate)
The real solution is, disable "secure boot" or "SecureBoot" while it's still possible. [...] Just like submarine patents, a lot of this problem was "hibernating" for a while
The Thing Nobody in Red Hat Wants to Talk About Openly
There is a real sentiment or worry among Red Hatters, Europeans and Americans in particulars (because of higher salary expectations)
Slopwatch: Small Parade of Fake News About "Linux" and Scams Borrowing the Name (or Word) "Linux"
In practice, LLMs are a risk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 05, 2025
IRC logs for Friday, September 05, 2025